Law Quadrangle (formerly Law Quad Notes)


Statement submitted to the Subcommittee on the Separation of Powers of the Senate Committee on the Judiciary.

The statement with which the Chairman opened these hearings last July noted that "[t]his is a clifficult subject upon which to hold hearings." Candid public discussion of the issues raised by the subcommitee's inquiry risks embarrassment of the Supreme Court, a risk especially painful for those of us whose respect extends not only to the Court as an institution but to its current membership. That risk is a necessary consequence of the ex tent to which public attention is upon the Court. It may be worth stressing, therefore, that the issues raised by the inquiry are not limited to the Supreme Court. Judges serving on inferior courts have also engaged in activities of the type under consideration by the subcommittee. The resulting problems are not unique to the Supreme Court but general to the judiciary.